Devi Dayal vs Shiv Prakash
2011 Latest Caselaw 1744 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1186 of 2011
 

 
Petitioner :- Devi Dayal
 
Respondent :- Shiv Prakash
 
Petitioner Counsel :- V.S. Parmar,Jamal Ali
 

 
Hon'ble Rajes Kumar,J.

Heard learned counsel for the petitioner. 

Learned counsel for the petitioner submitted that the petitioner is a defendant in the suit. The plaintiff filed the suit for specific performance on the basis of agreement. In the suit the relief for specific performance was sought for gata no. 596 on the basis of the alleged agreement to sell. In the agreement to sell also gata no. 596 is mentioned. The plaintiff sought an amendment in the plaint to replace gata no. 596 by gata no. 597.

Learned counsel for the petitioner states that an amendment application has been moved when the evidences have been filed and witnesses have been examined and by the amendment the entire nature of the suit has been changed.

The matter requires consideration.

Issue notice to respondent returnable at an early date. The petitioner may take steps to serve the respondent by registered post.

List in the week commencing 18.7.2011.

Till the next date of listing, the operation of the order dated 15.2.2011 passed by the District Judge, Hamirpur in Civil Revision No. 30 of 2010 and order dated 25.8.2010 passed by the Additional Civil Judge (Senior Division), Hamirpur in original suit no. 142 of 2006 shall remain stayed.

Order Date :- 17.5.2011

OP